When considering damages in a personal injury case, one of the most commonly cited is the notion of pain and suffering. This type of damage varies greatly on a case by case basis and can be categorized in two different ways: physical and mental/emotional. It's also one of the most difficult facets of a personal injury case to quantify, especially if mental/emotional pain and suffering has been incurred on a plaintiff. Below, the personal injury attorneys at Lipkin & Apter have provided knowledge and legal insight into the two different types of "pain and suffering" and how these damages impact personal injury case results.
Physical pain and suffering
This type of pain and suffering is the easiest to identify; it also relies on the level of documentation provided by the plaintiff. If you've been injured on the job, in an auto accident or any other personal injury scenario, and you have medical records from visiting a health care provider due to the incident, then those records will contribute to a better understanding of the pain and suffering damages. Follow the steps below if you've been in an accident to ensure you receive the most accurate compensation for the physical pain and suffering you've experienced:
- Photograph any injuries incurred
- Report all pain and discomfort to a medical physician or health care provider
- Keep a log of everything you experience as a result of the accident
- Receive the medication and care that you need for your injuries
Mental/emotional pain and suffering
This type of pain and suffering is often a byproduct of the physical pain and suffering of an accident. It will vary greatly on a case by case basis, and may be extremely difficult to decipher, especially if there's no documentation. Basically, mental/emotional pain and suffering refers to the detrimental, negative effects that an accident can have on an individual involved. Below are a few examples of the types of mental/emotional damages that may be cited in a personal injury case:
- Loss of enjoyment of life
- Mental anguish
- Lack of energy/loss of appetite
There are no concrete guidelines for juries that consider quantifying pain and suffering as compensation in a personal injury case, so it's essential that you receive medical care and document everything if you believe you have suffered any of these damages as a result of an accident. This can help you receive the compensation that you deserve for your injuries. If you've been injured in an accident, whether that’s physically or mentally/emotionally, please contact Lipkin & Apter.